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If your boss calls you after hours.
You no longer have to disconnect – because Australian workers now officially have the right to disconnect, as Workplace Relations Minister Murray Watt explains.
“We all understand the benefits of technology, cell phones, texting, email. But we have to recognize that sometimes they have downsides, especially when it comes to the intrusiveness that technology can have in people’s private lives outside of working hours.
It’s part of a package of employment relations reforms passed by the government earlier this year, which redefine casual work and impose minimum standards for some gig economy workers.
An employment law expert at the University of Technology Sydney, Associate Professor Giuseppe Carabetta says the right will allow workers to refuse contact.
“An employer can contact you, and third parties can contact you outside of these hours. But an employer cannot, for example, discipline you if you reasonably refuse to respond to contact.”
There are some exceptions: Professor Carabetta says there is not an exclusive list, but a series of considerations.
“In particular, the nature of the contact, and why the contact occurred. Secondly, the means by which it occurred, did it occur via a cell phone, for example during a Sunday call, or did it come by email? So instantaneous or not so instantaneous, that sort of thing. Third, obviously, the nature of the call, of the contact. Fourth, the nature of your work. is he supposed to answer such calls anymore? in particular, are you paid to be reachable outside of usual working hours.”
The rule will not apply to companies with fewer than 15 employees.
And if your boss contacts you too often outside of working hours, you can complain to the Fair Work Commission.
Professor Carabetta says the first thing to do is to have a conversation.
“The first thing you’re supposed to do is have a discussion about it. You should have a discussion about expectations and maybe to get some clarification on this issue. But you know, if things go well, you can actually go to the commission, and if there is a dispute, the commission can arbitrate the dispute so it can make a binding decision.”
Fines for employers who violate this right can be up to $18,780 for an individual or $93,900 for an organization.
The right to disconnect has been cautiously welcomed by some in Australia.
“I think it’s a great idea. I hope it catches on. I doubt it will catch on in our industry, to be honest.”
“I think it’s really important that we have laws like this. We spend a lot of our time connected to our phones, connected to our emails all day long, and I think it’s really It’s hard to disconnect like that.”
“I think it’s up to businesses to embrace them and embrace them. I think if you establish the right pace and the right culture within the workforce, it will deliver the right outcome.”
But concerns remain for many businesses across the country.
Australian Chamber of Commerce and Industry chief executive Andrew McKellar says it will reduce productivity.
“We are concerned that this, combined with other measures that have been introduced today, will result in less flexibility in the workplace for productivity and will not improve communications between businesses and their employees.”
Opposition Leader Peter Dutton has pledged to repeal the laws in future.
“Most employers do the right thing by their employees and where they don’t, there are laws to ensure sanctions apply. But, at the moment, I think the government is creating an environment animosity and tension between employers and employees where it is not necessary.
For Professor Carabetta, he hopes the laws will make Australia a more relaxed place to work.
“I’ve spent the last 10 years talking about unreasonable working hours and how we went from a really relaxed culture in Australia, when my parents, let’s say, emigrated to, you know, an overworked situation and we’ve kind of reached a crisis point I was going to be optimistic about this, I think what this will do is it will be symbolically huge, and it will attract the attention of employers And with. optimism, I hope that employers will start to, you know, clarify their policies, clarify in employment contracts.”
